Arnaboldi v State of Queensland [2023] FCA 788

Arnaboldi v State of Queensland [2023] FCA 788

The applicant proved, to the civil standard, that native title does not exist in relation to the specified land, and the court had jurisdiction and power to make the negative determination; no other party maintained a native title interest and no opposition was received after proper notification.

Jurisdiction
Australia
Judgment Date
14 July 2023
Procedural Posture
Non Claimant Application for Determination of Native Title / Final Judgment
Outcome
Native title does not exist over the specified land and waters; application granted.
Legal Topics
['non Claimant Application' 'determination That No Native Title Exists' 'jurisdiction and Procedural Requirements Under Native Title Act' 'balance of Probabilities for Negative Determination' 'requirements for Unopposed Application']
['native Title'] ['non Claimant Application' 'determination That No Native Title Exists' 'jurisdiction and Procedural Requirements Under Native Title Act' 'balance of Probabilities for Negative Determination' 'requirements for Unopposed Application']

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Procedural Posture

Non Claimant Application for Determination of Native Title / Final Judgment

Legal Issues

  1. 1 ['Whether native title exists in relation to the specified land and waters' 'Whether the court has power to make the order sought' 'Whether the application is unopposed within s 86G(2) of the Native Title Act' 'Whether evidence establishes, on the balance of probabilities, that native title does not exist']

Ratio Decidendi

The applicant proved, to the civil standard, that native title does not exist in relation to the specified land, and the court had jurisdiction and power to make the negative determination; no other party maintained a native title interest and no opposition was received after proper notification.

Court Disposition

Native title does not exist over the specified land and waters; application granted.

Orders

  • ['Native title does not exist in relation to the land and waters described in Tenure Reference PH 2/4201 located in the Barcaldine local government area in the State of Queensland comprised of Lot 26 on Crown Plan MX3, Lots 17, 18 and 19 on Crown Plan EV19, and Lot 2 on Crown Plan CNA21.' 'There be no order as to...